7.2 The figures compiled by the Immigration Department
In submitting that the suggested test based on substantive (that is, real) effect is satisfied on the facts, the Director relies on the figures compiled by his Department which have been put before the Court. According to these figures, during the 43 months between 1 July 1997 to 31 January 2001, a total of 1991 Chinese citizens born in Hong Kong would qualify as permanent residents within art. 24(2)(1) if the Director's contention on that article were rejected. Their mothers were illegal immigrants, holders of two way permits or transient overstayers and their fathers were either temporarily or not resident in Hong Kong. This amounts to about 46 children per month, about 555 children per annum.
On the basis of these figures, the Director accepts that there is no indication that a decision against him will give rise to an immediate influx of persons from the Mainland.
In our view, one can go further. On the basis of these figures for the past 43 months, there could not be said to be any significant risk to Hong Kong resulting from a decision against the Director.
The figure of 1991 Chinese citizens should be contrasted with a total of 22,850 Chinese citizens born in Hong Kong during this period who would qualify even if the Director's contention is upheld. Although their mothers were illegal immigrants or holders of two way permits or transient overstayers, they would qualify because their fathers were either settled or were permanent residents in Hong Kong.
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